1 1 t 11: I- is- sassest h (Drfjon JUpublif an. COUNTY OFFlCUt ;PAMH. JD ALL AS, SATURDAY, 00. 1. The School Fund Again f k - ' i ' $ The question as t&Wht shalljh(q done with the proceeds arising from tto salo .ofithe 500)00 A?re.s .of la nd originally donated to tho State, for .internal jm pro?emct8, sccnato absorb all other .questions pending in the Legislature. ,TIiisfaQdv&s-.by,.'-,(beCSbD6tUtttiou of Oegftn, , azt ftpartj as an irreducible ;school jfund,' the interest of which ;gtould only be used for the purpose of ,dmnVon -schools The people of thc -State-bave always supposed that the iinoneyj arising (torn t,he salo lof those 'lands was to be use$ for that purpose ; but; nowV after . the State has ibeen in .operalfqn jTbrten jcars, a new light euddenljr breaks in upon the minds of i some of the gentlemen who now rep rP8en"'tfi4jbrpfe'6f Oregon iu V legist tluiifp, capacity, i ;if., " , ' . . ; ' .The, true state of the case "Is this, In i 1841, Congress donated to States then existing, and to those ' that should af jewrd come into the Union, 500,000 cjre3 pfjhe public lands in each State, ,to Ibe selected by the "officers of the State; and if the selections should be approved by the Government,' then the J2s.Oiild be disposed of by the State -aitd; tha proceeds applied to internal improvements. -On the coming in to the Union? of-soiDO of the ! "Western Spates, the people -feeling a greater an x&iy.ib cdneatethe youth of theiland tjian for the accomplish ni cot of any thing else in the State, agreed to use jthts fund for school purposes, provide 1 . Congress would Consent. Oregon, an4 Iolawere found among the States who .decided thus to appropriate this fund, nd provided in the Constitution of the i-ite this . ;?Ail the proceeds of the ,500,000 acrs of land tp which the State bIjeyBii,iIc4 by the provisions of n act of Congress, entitled an act to appropriate the proceeds of the sales of jEe public lands and to grant ptc-emp-ioo 'rights, approved the 4th of Sept., 1841,,! also' the five per centua of the' net proceeds of the Bales of the public lands to which this State shall Jbcgma $txtltjied on her i admission into the Union (if Congress shall consent to ,such appropriation ,of the two grants last mentioned), shall be set apart as a ..separate and irreducible school fund, to be called' the common school fund jNow, let it be understood that the two grants mentioned above were both do nated to the State, for the special pur Koof,. internal improvement. Our (Constitution, of which the above pro' vision formed a part, was presented to j Congress, and Oregon was admitted in o4the Union under and with that Con stitution. Now, in the act of Congress .admitting the ' Stale ; into the Union, hey My: 'TVhcrSs, the people of Oregon have framed, ratified, and adopt ,ed a Constitution of State government, which is Republican in form, and in nfomhy with the Constitution of the pjnited States, and have opp'ied for ad nission into the Union on an equal ootir yitjj fte other States, therefore ike it enacted, that Oregon be, and she jg , h,erejby receUred into the Union." tWhold that if Congress had stopped jright here, and said no more upon the abject, their 'consent would have been .complete ; but,. we are not left here to jayikGongress expressed their assent n other terms, too strong to be 'misun derstood, for in the act of admission. section four, they ask the people of Or ' pgon to consent by a resolution irrevo ;able, that the five -per centum above .referred to, and which is made by the tct of Congress a part of, the internal improvement fund, shall bo diverted from the purpose to which it has been applied by the Constitution of Oregon, and ast epte.d to by Congress in the. act ,of admission), hacjc to the purpose for IPhich it originally applied by the said Sct .Congress, or, in the language of e act itself, "for 4he purpose of rnak Irig public rbadl ano! . internal ienprove anen ts, as, the Legigja lure in ay direct." And the aci furtKer provides that the 4 t8totc of Oregon shall not consent that jthe five per centum be appropriated to public roads and internalliiipiovemcnts, xcept upoi tic .expreHScondition that he fetato of Orpon wbhall never inter fero .-with; the primary disposal of the - fq tax the property of noa-rcsidents higher than that of residents, or tax tho lauds or properly of the Uuited States within said State, r Ve held that Coogrcss has, in the act iff admission, expressly consented, and that thero is no power m the Leg islature of Oregon to divert thisTcou uionichool fuud and use it for any oth er purpose ; and we have too much faith In the ability of Governor: G rover as a lawyer to believe that he 'would enter? tain the proposition, for' pno tuomenf now to divert this fund to; internal im provements; and wo are ialso satisfied that if such a bill should ! pass, and bo signed by the Executive, jthe Supreme Court of Oregon, would not hesitate to dectare it , unconstitutional, and in so doing they would only declare the law. 'But U is "said, by Hon gentlemen, that we have no evidence that the proceeds of the 500.000 acres of land has ever been recognized as belonging to the school fuud of Oregon. JIow strange the idea? It is a sufficient answer to say that it has never been recognized by tho peoplo of Oregon; as belonging to any other fund, and hero is the evi dence ; The Governor of the State has gone on, by. the authority jested in him for that purpose, and selected the said lands. For what purpose, internal im provetnents? No; lut for school pur poses alone. He has sent on thoso se lections to the Property Department or the General Government for acceptance, and they have been accepted as selec tions j for sehool purposes only; they have been so designated upon the platts and so returned to the local Land Of fices in the State, of Oregon, where they have been recognised as school lands only, and designated upon the platts there as such, and a portion of them has absolutely been sold as school land by the proper authority, aud the money applied for that purpose ; and yet the gentlemen have no evidence be fore their, eyes that the$c land have been rtconized as school jlaads. What a remarkable ago of progress is tbia? If the original act apprbpriating the 500,000 acres and the five per, centum i stand unrepealed, as is contended by certain gentlemen, then what was the necessity for Congress to ask the peo-, pie of Oregon to consent that the five per centum might be applied to the making of public roads jand internal improvements? But the fever is on, and the morjry must b gobbled up. And how is itito be done ? Two hun dred thousand for locks on the west side of the riv cr at Oregon City; and who gets tht benefit? j A company formed for thJt purpose?! We refrain from giving (names. And the n one tweuty-fivet thousand to tho P. T. Company, to build locks on the cast side of the river, at the same place. And who is to-bci benefitted by this? We answer, the company only. True they promise in the bill that they will not charge, for the first ten years. more than twenty cents per ton (mcas urement) for freight passing through the locks. What a benign promise that is to the people' of Oregon ? But the bill binds the State to pay to the company fifty per centum of the amount expended , each year by the company. And how is that fact to be ascertained ? By the appointment of persoua for that purpose on the jiart of the State? And they can only ascertain, of course, by an examination of tho books of the company, and, of course, it is not to be presumed that those books will ever show one dollar more than has actually bcerf 'expended by the .company ; tbn these men report to the j Governor, and he orders the money drawn from .the Treasury of the State for tho benefit of this company, and if there is nolnoney on hand to reimburse this company for erecting their own work, then, by the provisions of the bill, warrants must be drawn instanter upon tho Treasurer for the I amount, and thoso jwarrants are to draw ten per cent, iutcrest in gold coin until the money shall bo in the Trcas uy) and the people are to pay this in teresfe fbrthc benefit ofl this company, whose necessities demand it. Then there is seventy-nine thousand dollars to bo appropriated to! pay somebody their expenses' while rusticating in the Cascade Mountains during the summer seasons. As to what disposition is to be made of thebalance of the school money, as yet, has not een thrown to the surface ; but we hear whisperings intimating that it will probably become necessary v to donate the balance c !.' . ' ' about one and u half millions to Holla day and Loryea. 'But' we ? had almost forgotten, in justice to the P. T. Corn pan', to say that the bill which asks' a donation to them has another"very be nign provision, which is that, at the ex. piration of twenty .years from the" com pletion of the locks, the State may take them as their own proper by paying to the company the actual value thereof. ! How liberal I Let the pco pie of Oregon look well to their school fund, and say to their servants by pe tition or otherwise, you shall not divert it to any other use. ; i 1( An Ituporunt Decision. We call the attention of bur readers, and of the legal profession especially, to the late decision of the Supreme Court of Michigan on' the taxing1 pow er. It will be found on page 487 of the Law Register, in the August num bcr of the present year, . , ; The Legislature of tho State of Michigan, in 1801, passed an act au thorizing certain townships to pledge their credit to aid inftho,ccnstruction of certain jilrcads. The electors of the townships were authorized to hold meet ings to determine what amount should be raised fur this purpose, aud the form, mode of issuing, and other particulars relating to the securities by which the credit was to be given. . Under this act, the township of Sa lem voted aid to the Detroit and How ell ltailroad Company, to the" extent of five per centum of its assessed valua tion. But the Township Board refused to usue the securities, claimiug that the act of 1 604 was in excess of legis lative authority, and therefore, uncon stitutional and void, and that the town ship vote was, in consequence, a nul lity. The cause fir ally- went into the Supreme Court, on a motion for a writ of mandamus, to compels the delivery of the securities. I The decision of the Court was ren dered by Judge Bool y, in one of the ablest opinions we have ever read on that subject, sustaining the decision of the . Township Board and ;dt nving the writ, t This decision is particularlxaihr teres ting to us at this time, on account of the exertions that have been and are being made by monopolists to evade the prohibitory clause in the " Constitu tion of Oregon, and securcjthe parage of a similar act by our - own Legiala- ture. I ; On this subject the . Oceyoniiu. of Sept. 20th, under the head of "West Sidj Bailroad Again," savs : 4The Constitution provides explicitly that no aid shall be granted by any county or municipality to any company or corpor ation, for any purpose whatever. Now it seems to us that the case might be reached in this way: The Legislature has power to authorize the city to in- rm mm crease its lndclitcunes. lhis bun;: done, measures may jc taken to obvi ate the constitutional impe'dirnent by granting directly to 31 r. Ilolladay the aid affoidcd, on condition that he will cause the road to bo buiit wholly on this side of the river, with its terminus in Porthmd. In this way tle objection against the granting of aid to a com- pany or corporation might, j we think, be avoided." 1 That is, according to the Orfgoniant by evading an "explicit" provision of the Constitution the tax payers of Port land can bo robbed out of a few hun dred thousand dollars for the bcucfit of Mr. llolladay. . , . J ' I Such an act, outside of any prohibit ory clause in the Constitution, says the Supreme Court of Michigan, "is in cx cess of .legislative authority, and there fore void." And we entertain no fears but that, should a case arise, tho courts of Oregou, like those of Michigan, will have the courage to make a correct de cision, though it bo apparently unpop ular. . u.-ur?--i 'U. If the people of Portland desire a road, with the terminus there, let those who are able and feel an interest in tho matter, subscribe liberally for the ben cfit of the road. We aro as much in favor of a West Side Sailroad as the Oregoniant but we are notiin favor of levying a tax on the people, without authority of law, for the' benefit of a railroad monopolist. ' mimmamammmmmmmmmmmmmmmmmm ' There is a bird in the island of the Indian Ocean which has up6n its head a beautiful tuft of feathers shaped like a spoon, it is called the queen s pig con., A Lie Nailed. When you hear a man say that a newspaper cannot be run without mop ey, you can, without fear of successful contradiction, pronounce him an unmit igated falsifier. We know whereof, we speak, for we have tried it. . ' We have run a newspaper 'for several months, andwith pardonable pride we may say a very good one, without receiving anything of consequence from our sub scribers. Wo have tried the experi ment of running a newspaper without money with sufficient success to satisfy us that the thing can be done ; and if any one else is not nati&ficd with the re sult of our experiment, let him try it, and our word for it, he will bo satisfied ini)ue-half .the time it has taken us to demonstrate it. ; We once read of a man who , spent several weeksln learning his horse to do without food, butwhen his care and labor Was about to be crowned with suc cess,- the ltorse, from some unaccount able cau?e, lay down and died. Wre have always had an idea that the man carried his experiment a little too far. Now that is not the case with our pa per, and we do jiot intend that it shall be. We don't intend to carry the thing quite that far. Therefore we. want money. Mind we do not say that we cannot run a newspaper without mon ey, for we have just demonstrated the fact that we can. But we arc not go- ing to, because it docs not pay; and then, we think we can make a great deal better paper with money than with out it. And while we aro experiment ing would like to give it a trial. Pay your subscription and we will give you a good paper. NEW Al) VER Tl SEMES TS. AfZi!iiii!trat0ig oVicc. ToTICR IS ItEUKTlV flIVEN 1UAT the un.lrri?nel ht 'teen tuljr arpotn(I ljr CftOfitj rt of lVJlt eqnnty. Ortgan. Attmln- claim ?siTii paui nte re r.ertlt.jr nolinl t& prrwnt them, with prpptr fher. within ix tnoeth fro fa the date of lhi nntka to the AtJntaslritor. t h tttiear in HbIpoi, On'son, r to J, L. r4tin. bU AHfripy, t Admiohtrtfr. rl!a, Kept. 21, 1570, , . SO 4 w I N THK MATTER OF THR ESTATE of Jstne Walling," dlerAAe4. iu Ihw County Cinrt of Vnk titjp, Oregon " And now, on this Any, pi'ini" EHc AWaHihjr, AtmifHr trtx. ami filn br rtitin f.r lre to cofirr t' J. V,. Wittcn certain pv of lawl, thertrin UcrilHfl. t wit: litintr a t-art vt t- ti'in ttml cUStn of A. J. Doak an'! wiO, in llk untjf, Oregon, tag'0'"? I c Uain S. J Ti ftf tho S. WrornT of b!x-k N. 5. in Ibe twn of Linf.1n. on 5?. line of Mill St.; ibenoc S. T R. fi 10-100 eb. In n fr tr.-e 6 inchci in illamcter ; thne E. 6 vha. t the west bank f tl WiUAineUe r'ver t lo.v w,'cr mark ; tbence N. down tahl river G.Q 1C0 cb. t a. point on the wwl bank of nM river; thence S. 3 W. C.20 100 cb. t tho '!ac of bcinijin, con tntuing 3 and VH-lOO r ro; anil likewise n-otbt-r fU'Ce of Uiul, l.ein an aodivi-icil of lit No. 8, In Block 5, in nit town of Lincoln, a$ rx r rontract cxi.-ling between Ibe eaM JciMe I). Walling, at bi$ decee, oJ thea!4 Wit tcn. It i therefore ordered that tho heirs and all peronf Sntcrccted in id cctate b notified bjr publication in tho Otteoox Rr.rt't.tCAtc 4 mewsfive week, to appeur on Tuerfdaj the 4tb daj of Oclobrr, 1H70, and ihow cauie, if any they have, why iaid leave should not be granted. By order of J. it. MYEK, 28 4w Counly Judge. ffcOTIUfc! AOT1C12!!. fflME UNDEnSKlNEI), HAVING PUR J. chased the interest of W. C. Brown in the late business of W. C. UROWK CU., is now receiving a freh fupply of good both from Sao Frnncii"co jind Portland, which I will Bell at very cheap rates for CASH or " Country Produce. My stock conist of very variety of liaclic' Iress Goods, Men's Clotiiiu; Hoots & 8Iiocs, ( ;:QiicenMivarc, ' Hardware And groceries of all kinds, and will exchange for WHKAT, OATS, BACON, EGGS, BUTTER, BEANS, ONIONS, BAULKY, and very CLEAN COTTON UAGS, Or any kind of produce that can be converted into money. . , Come and examine my gtock before pnroha iag, as it i no trouble to show goods whether you bay or not. We mean business, therefore earnestly invito you to call and see us. , JNO. C. BELL. Dallas, Ogn., Sept 3d, 1870. 27-tf NOTICE! NOTICE TS HEREBY GIVEN THAT the law Arm of Vineyard fc Butler is this day dUsolved by mutual consent. - - L. VINEYARD, ang!3-3w N. L. BUTLER. IQ UEENSWARK IN ABUNDANCE At J. II. LBWIT. UK W A D VtillTlStiMtiNTS. ANDERSON & BRO W JV, i - . ... STJCCESSORS TO B. STRANO. IMPORTERS AND DEALERS IN ''STOVES--- OF ALL KINDS, Tin Plate, Sheet Iron, Copper, Zinc, Brass & Block Tin, . Force and Lift I'lHiius, CAST TIN" AND ENAMELED Hollow i;.Warot MANUFACTURERS OF Tin. &hectvi ron & oiiter Vlren Great Variety of Gem Pans. Gas Fixtures. Iron aud Lead Pipe, of all sizes, for Gat. Water and S.H'bin. ELBOWS, JiUSlUSGS, TV NIPPLES RETURN RENDS RUBIlERJinSE. STOPCOCKS, HOSEPIPES, PLUGS, BATHTUBS. In all its branches done to order, at the stand of B. Strang, Union IJlock Commercial St., Salem. 2-Cm 1870. Uilbcrl Kros. 1870. MANUFACTUliEItS, Si 1.1:11 ...... OREGON. Men's Tap S le Sewed Boots... $14 00 .Meu'a Double Sole, Scvred Boot 13 00 2 Men's Single Sole, S3 wed Boots...- 12 OOg - O Men's Tap Sole, Pegged Boot! 11 Ott Men's Frcncb Kip Boots Men's Kip Botn, Oregon or Carl 's furuU leatbvr 2 Men's P.et French Calf Scwtd Ox- 9 00 7 C0 n ford Tic. 7 CO3 Mcn Bt Frcncb Clf Pegged Ox ford Ties.. 'CO rpiIK PEST BRANDS OF FRENCH CALF wmrd in . all our lm, and tvt ry f air warranted to give satixfarlion. V al. bve the largct and lvtt rl-d t"k of Kuj'U-rn and California m-tde Ilat.t a lid hoca !ii-l we offvr at wliok'l or r.uU at prsc. which de!y eompetiiiou. OAK SOLH LKATT1KK, FIIKXCH CALF, KIP AND Uiii;it 1 SllUi: FIMUXG, Shif Mfbln"ry and crcr.Tlliing generally .found in a Leather and Fiudtng Storn. Gold coin paid f-r HIDE- and Fl'R. GILBERT BROS. Salem, Ogn., March 10, 1870. 2 6m YI3ATO. & B(,0, Hhnleaale aud Retail dealers in HOOKS, STATIONERY, MUSICAL INSTRUMENTS, J AND YANKEE NOTIONS. m7E TAKE THIS OPPORTHSITY OF f informing the public that we have just received a large invoice of Wall Paper, Of all ttjles, direct from the manufactories in the East. Our stock is the Largest ever oiler cd In this Matket, Which we will se'l at wholesale and retail CHEAP as any other bou.e in tba State. YEATON A BOON. Salem, Ogn., Marcb. 10th, 1870. 2-tf The Cheapest Store in POLK COUNTY, T H EE L L E N & A LEST 0 R E, . 2 1-2 Mllea West of Dallas, OAS BEEN FILLED WITH THE largest and best stock of goods ever brought into Polk County. Which we propose to sell I.OWRR than any other store in the county, for CASH or PRODUCE, for which we will pay the highest market price. Our stock consists of every description of goods generally kept in first class country stores. Also constantly on hand a large assortment of . I laimels, Tweeds, Cassinicres anil Hard-Times, Made in the Ellendalo Mills, which we willl ell very cheap. Ellendalo, July 9, 1870. 19-tf A Hare Chance Tor a Bar gain. AS I AM GOINUf EXCLUSIVELY I N to the Horso- Collar business, I willcetU, on REASONABLE TERMS, or trade for good town property, my FINE TEAM and Harness. Q, W. HOB ART. Dallas, July 30, 1870. J2-lm NEW AD VER TI SEMEN TS, riublhcrs, I've Found It ! 17 OR YEARS I HAVE SEARCHED FOR V a remedy that will CURE your children by removing tie CAUSE, and at last I can say Eureka." TRY IT. CARIfllfTy CORDIAL. This is a pleasant antacid, and in large doses laxative; in small doses, an astringent medi cine; exceedingly ngeful in all bowel afTetionsr especially of children. It is a safe, certain and effectual remedy for Cholic, Diarrhoea, Cholera Morbus, Summer Complaint, Griping Pain, Sour Stomach, Coptivencss, Wind on the Stomach, Crying and Fretting of Children. In Teething, there is nothing that equals it It softens the Gums, and render Teething easy. It is no humbug medicine, got np to sell, but a really valuable preparation, bavingbeen in use for several years it recommends itselfJ- Do rot give your children the "sootbinjp syrups," tor they stupify without doing any permanent good. Prepared by - Dr. W. WA T E ft II O V8I2V MONMOUTH, OREGON.! For Sale by Druggists. The trade supplied'' on reasonable terms. Hundreds of Testimo nials can be given if necessary. 13-tr DR. W. FATERHOUSE. This celebrated mtdu ino has won a deserv edly high reputation as an alleviator of pain -" aud a f rescrver of health. It has become a Loustboldrcmcdy, from the fact that it giver iuimediat" tnd pwrmanent relief. It is a yore ly vegetable .preparation,-made from the best aud purest inatciials, safe to keep and tonse in every family. It is recommended by phy sicians and pe rsons of all classes, and to-davr a.ter a public trial of thir'y years the kverago life of manit stands unrivalled and unexcell ed, spreading its ufullnesa over the wide world. Its large aud incrcating sale afforda positive evidtnee of us enduring f-iuie. We do nut deem it necessary to 'ay tnuih in its favor as cne fumll bottle will do more to convince you of itji tfEcacy than all lha advertbement in the world. Give it one fair trial and you wvuld not bo without it for ten times Its cost. Directions accuuipanj- each buttle. Sold by all Druggists. Price 25 cts, 50 cu, aud SI per bottle, 29 C. . I'AKVKMKR. J F. J. BABCOCK. PARIV1SNTER & BABCQCK, Manufacturers, and Wholcnale and Re tail Dealers Iu Furniture, Commercial Etroet, Salem, Oregon, AVE ON UASD THE LARGEST UL tock of rriu(nrc, Hcddfii, Window-Shades, " EloIIands, and PA PEH-HAiGIiGS ' To le found in Marion County. All kinds of Pirfnre Frames, Coffins and Caket made to ordtr on short notice and at rvtfuiiabla raic. PARMENTER A BABCOCK. Salem. March ti, JS70. 4 tf i i.w Cro Vino Theater! Formerly the "Wigwam," C; t $a!cui - - - Oregon., 1 HE ABOVE PLACE OF AMUSEMENT will be fitted up in a mo.t thorough manner, both for the comfort and convenience of pat ron?; and the artistic representation of the L-; gitiiuaie and the Sensational Drama. The Stage will have all the modern improvements, with ample room, which is so efsential to the production of Scenic, Spectacular, and tba Burle-iu Drama. New Scenery, Properties, and a company of unexct llod ability, composed of all tho Ladies and Gentlemen of last sea son, and a strong acquisition from San Fran cisco. Among the favorites will ap ear ' Jflrs. P. BATES, ; 'Jflis Annie Pixlcy, f Miss lUnnic Pixley, JfJr. E. I. Reach, MUh lAwic Iiig!egj I!Ir. F. IT!. Rales, I. 12. Vinsinv E. C. iTlelvilIe, ; K. Clinton, W. H. Smith, II. Carrold, P. P. Karney, and others The season at Falem will opon en or aboat the middle of Sept, and continue on until af tcr the State Fair, duripg.. which. time will ba produced tho Legitimate and .Sensational Drama Comedy, Extr&vaganta, Burlesque and' Farce. . . h. The Oro Fino , Theater, Portland, will open, with the above company about the middle of October, for the regular season of Twenty-Six ' weeks...--- : It is the purpose of the Manager to play, during the coming season, one week in at Salem, and ofteucr should Stars require '- F. M. BATES Manager? 25-4w Portland, , T II E O C C. I B E I T AX'j Formerly "WESTERN HOTEL," 5 Corner of First and Morrison Streets. ' PORTLAND, OREGON. Messrs. SMITH Se COOK s : HAVE TAKEN THIS WELL KNOWK House and Refitted and Refurnished U throughout, making it by far the BEST HO TEL IN PORTLAND, - ; N. B. Hot and Cold Baths att&ehad i. House for tho benefit of G uests. - , ? ; f SMITH A COOK, .,; h Proprietors. , Portland. April 14, 1870. ' y:tf 1 WOOL WANTED. npilK ELLENDALE MILL COMPANY JL will give the highest market prica for wool, delivered at their factory in Polk Co. t Their Store is also open, with a general ai- sortmeat of Dry Goods, Groceries. Hardware;